Thayne is now scheduled to answer to two misdemeanors – one count each of animal cruelty and inadequate care of animals – in Surry General District Court on Jan. 15. Thayne's anti-chaining dog rescue is based out of the Moonlight Road house where Philadelphia Eagles quarterback and Newport News native Michael Vick once ran a dogfighting operation.

The case has to be continued because one of the prosecution's key witnesses has been injured and can't be in court due to a conflicting medical appointment, Poindexter said. The trial was also continued last November after Thayne dismissed her former lawyer and retained new counsel.

The charges were filed against Thayne on Aug, 28, 2012, days after state veterinary and Surry Animal Control made an unannounced visit to the facility. The state and local investigation was spurred partially when several former employees, including former office manager Deana Whitfield, emailed pictures and complaints to Surry Animal Control in July.

Dogs Deserve Better had been operating without the state's required approval since opening in June 2011, prompting the state to order all dogs on site to be placed into foster care last summer, said Dan Kovich, a program manager with the state veterinary office. The rehabilitation center initiated changes and on received the state's approval to begin accepting new dogs on Nov. 30, according to the Virginia Department of Agriculture and Consumer Services.

In a separate incident, Thayne alleged that Whitfield had embezzled about $1,200 from Dogs Deserve Better before she parted ways with the organization last June. The Virginia State Police completed its investigation and returned the results to Poindexter several months ago.

Poindexter, on Tuesday, said he "has not decided" whether charges will be filed against Whitfield.